Retro fund investor privacy notice

At the Fund, we understand that our relationship with you is based on trust. This is reflected in everything we do, including the way we handle our clients’ personal data. The following disclosure explains what personal data we collect, what we do with that data and the steps we have put in place to protect the personal data you have entrusted to us.

As part of the Fund’s, the Master Fund’s, the Investment Manager’s and Administrator’s compliance with applicable privacy legislation, including, without limitation, the Regulation (EU) 2016/679 General Data Protection Regulation and the UK Data Protection Act 2018 (together “Data Protection Laws”), we would like to draw your attention to this Notice. If you are a natural person, this will affect you directly. To the extent you are an entity investor, we ask that you provide a copy of this Notice to those individuals that are beneficial owners of, or are otherwise related to you and whose personal data you may disclose to us.

For the purposes of this Notice, reference to “we,” “us” or “our” refers to the Fund, the Master Fund, the Investment Manager and the Administrator.

Your Right to Object — Please note that you have a right to object to the processing of your personal data where that processing is carried out for our legitimate interests or for direct marketing.

Where your details are provided to the Fund:

  • as a consequence of your investment in the Fund;
  • through our interactions with you on the telephone, in person or through e-mail;
  • via subscription applications or other forms you complete;
  • via transactions in your accounts or on your behalf;
  • via our website or the websites of our affiliated companies;
  • via informational tools we may make available to you; or
  • through third parties with whom we deal, such as consumer-reporting agencies, to verify information (including name, nationality, residential address, aliases, any criminal record findings and credit-ratings) we receive from you and your credit worthiness,

then the Fund, acting as a data controller may itself (or through a third party acting in its capacity as the Fund’s administrator) process your personal data or that of your directors, officers, employees and/or beneficial owners. The Administrator acts as a data processor of your personal data in connection with the performance of its legal and contractual obligations as administrator of the Fund. The Investment Manager will also act as a data controller in its capacity as Investment Manager to the Fund.

Purposes of Processing and Legal Basis for Processing

Your personal data may be processed by us (or any of our affiliates, agents, employees, delegates or (sub) contractors) for the following purposes:

  • to manage and administer your holdings in the Fund, including assessing and processing applications and redemptions, servicing accounts, processing transactions, maintaining investor accounts and communicating with you about your holdings and account related activities on an on-going basis;
  • to update and maintain records and provide the Net Asset Value and other calculations;
  • to manage and maintain our relationships with you and for ongoing customer service;
  • to enforce or defend our rights, ourselves or through third parties to whom we delegate such responsibilities;

This use of your personal data is necessary for performance of your contract with us.

  • to share data with police, law enforcement, tax authorities or other government and fraud prevention agencies where we have a legal obligation, including screening transactions, reporting suspicious activity and complying with production and court orders;
  • to report tax related information to tax authorities;
  • to investigate and resolve complaints and manage contentious regulatory matters, investigations and litigation;
  • to monitor electronic communications for investigation and fraud prevention purposes, crime detection, prevention and investigation;
  • to comply with any of our applicable legal, tax or regulatory obligations, which derive from AML and counter-terrorism legislation;

This use of your personal data is necessary in order for us to comply with our legal or regulatory obligations.

  • the day to day running and management of the Fund, the Master Fund and the Investment Manager’s business, including to:
    • monitor, maintain and improve the processes, information and data, technology and communications solutions and services used by the Fund, the Master Fund and/or the Investment Manager;
    • perform general, financial and regulatory accounting and reporting;
    • monitor and record calls for quality, business analysis, training and related purposes in order to pursue the legitimate interests of the Fund, the Master Fund and/or the Investment Manager, to improve its service delivery;
    • protect our legal rights and interests including screening transactions for fraud prevention and anti-money laundering purposes;
    • share such personal data with third parties that acquire or are interested in acquiring all or part of our assets or shares, or that succeeds us in carrying on our business;

This use of your personal data is necessary for our legitimate interests in managing our business including for legal, personnel, administrative and management purposes and for the prevention and detection of crime provided our interests are not overridden by your interests.

  • to contact you to tell you about products and services offered by us which we believe may interest you unless you advise us that you do not wish to receive marketing or market research communications from us.

If applicable law requires that we receive your consent before we send you certain types of marketing communications, we will only send you those types of communications after receiving your consent. If you wish to stop receiving marketing or market research communications from us you can unsubscribe via the link at the bottom of the relevant marketing email or contact us using the contact details at the end of this Notice.

Additionally, the Administrator may use your personal data, for example to provide its services to the Fund or the Master Fund or to discharge the legal or regulatory requirements that apply directly to it or in respect of which the Fund or the Master Fund relies upon the Administrator, but such use of personal data by the Administrator will always be compatible with at least one of the aforementioned purposes for which we process personal data.

Should we wish to use your personal data for other specific purposes (including, if applicable, any purpose that requires your consent), we will contact you.

Recipients of Data

We may disclose your personal data to:

  • our affiliates and third-party service providers engaged in connection with the oversight, safekeeping, administration, distribution or operation of the Fund, the Master Fund or our business, in order to process the personal data for the above mentioned purposes;
  • competent authorities (including tax authorities), courts and bodies as required by applicable law or requested by such entities or to affiliates for internal investigations and reporting purposes; and
  • any third party that acquires, or is interested in acquiring, all or part of our assets or shares, or that succeeds us in carrying on all or part of our business.

International Transfers of Personal Data Outside the EEA

We are located in Bermuda and may disclose your personal data to other recipients also located in countries outside of the EEA and the United Kingdom which may not have data privacy laws equivalent to those in the EEA or the United Kingdom. By submitting your personal data to us, you consent to the transfer of your personal data to us and the other recipients described in this Notice that are located in countries outside of the EEA or the United Kingdom. You may withdraw your consent at any time. The withdrawal of your consent will not affect the lawfulness of processing based on consent before its withdrawal.

Retention Period

The Fund will retain your personal data for a minimum period of seven years from the date on which you redeem all of your Shares in the Fund or for as long as required for us to comply with applicable legal/regulatory obligations.

Consequences of not Providing Required Data

Where we require your personal data to comply with AML or other legal requirements, failure to provide this information means the Fund may not be able to accept you as an investor in the Fund and/or may be unable to process, or release your investment in the Fund. This may result in the Fund terminating its relationship with you. We will tell you when we ask for your personal data whether it is a statutory or contractual requirement to give us the personal data and the consequences of not providing such personal data.

Data Subject Rights

If you are in the EEA or the United Kingdom, you have various rights in relation to your personal data, subject to certain limitations, including the right to request access to your personal data or for a copy of your personal data to be provided to a third party (in the context of the GDPR, in a digital form), correct any mistakes on our records, erase or restrict records where they are no longer required, object to the use of your personal data where it is based on our legitimate business interests or for direct marketing and ask not to be subject to automated decision making if the decision produces legal or other significant effects that affect you.

You also have the right to lodge a complaint about the processing of your personal data with your local data protection authority in the EEA or the United Kingdom.

We will respond to your request in writing, or orally if requested, as soon as practicable and within the time frame prescribed under applicable Data Protection Laws. We may request proof of identification to verify your request. For more details in relation to your rights, including how to exercise them, please contact us using the details below.

How to contact the Fund

If you have any questions about our use of your personal data, please contact the Investment Manager at info@lodgepine.com or +1.441.504.9178.